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(영문) 수원지방법원 2019.06.05 2018가합21589
소유권이전등록
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, entries in Gap evidence 1 and 3, and purport of the whole pleadings);

A. On December 14, 2017, the Plaintiff entered into an entrustment management agreement (hereinafter “instant agreement”) with the Defendant to operate the transportation business after registering the owner of each motor vehicle listed in the separate sheet with the Defendant (hereinafter “each of the instant motor vehicles”) and to pay management expenses of KRW 275,00 per month to the Defendant (including value-added tax). The main contents are as follows.

Article 3 (Period of Entrustment Management) The period of entrusted management under this Agreement shall be two years, and shall be deemed to be automatically extended in the absence of special circumstances between both parties one month before the expiration of the entrusted contract.

Article 7 (Management of Vehicles and Liability for Expenses) (1) The plaintiff shall bear all expenses incurred in the management of the vehicle, such as breakdown, repair, oil supply, taxes and public charges, insurance premiums, penalty surcharges, additional charges for the vehicle, etc.

Article 11 (Penalty) The penalty for violation of all laws and regulations and administrative measures following the operation of the Plaintiff’s vehicle and the damages caused to the Defendant by this shall be borne by the Defendant within the prescribed period, and the civil and criminal liability incurred by the failure to pay the penalty shall be borne by the Plaintiff.

Article 16 (Deposit Money) The Plaintiff shall deposit KRW 1,00,000 to the Defendant for the payment of penalties, such as violation of the laws and regulations that have yet to be terminated, in a case where the above entrustment contract with the Defendant is de facto terminated due to the transfer, transfer, scrapping, etc. of the vehicle, and the Defendant shall settle the balance after one year and return it to the Plaintiff.

Article 19 (Termination) (1) Even during the term of the contract, may be terminated upon mutual agreement between the plaintiff and the defendant.

(2) In any of the following cases, the defendant may unilaterally keep the vehicle in custody or take measures to stop the operation without a peremptory notice to the plaintiff:

1. When the defendant has evaded the civil or criminal liability under Article 4, or has failed to pay all the charges to the defendant for not less than three months.

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